Court System Flashcards
Goal
Equal justice for all
Purpose
To interpret laws
Settle disputes
Dual court system
Federal
State
Different types of courts
1) constitutional
2) special
Constitutional Courts
1) Supreme Court
2) Court of Appeals
3) District Courts
4) Court of International Trade
Special Courts
1) Court of Military Appeals
2) Court of Veterans Appeals
3) Claims Court
4) Tax Court
5) Territorial Courts
6) Courts of the D.C.
Jurisdiction
Authority of a court to hear and decide a case
Subject matter in jurisdiction
Admiralty or maritime law (federal)
Parties involved
1) If US gov. involved (Federal)
2) Involves Foreign Diplomats (Federal)
3) One state sues another state or foreign country (Federal)
4) Person from one state sues person from another state (Federal)
5) Individual sues another country (Federal)
Exclusive Jurisdiction
Only be heard in federal court
Concurrent Jurisdiction
Can be heard in both federal or state
Original Jurisdiction
Court where first heard
Appellate Jurisdiction
Court that hears case on appeal from the lower court
Federal Judges
1) No qualifications
2) Appointed by President
3) Senate must approve
4) Appointed for life
Common Law
Law derived from the application of previous case decisions to present cases
Criminal Law
Cases arising out of actions that violate laws protecting the health, safety, and morals of the community
Plaintiff
Bringing charges
Civil Law
Involves disputes between citizens or between the gov. and citizens where no crime is alleged
Contract cases
disputes that arise over voluntary actions
Tort Cases
disputes that arise out of obligation inherent in social life
Inferior Courts
1) District
2) Court of Appeals
3) Court of Appeals for the Federal Circuit
4) Court of International Trade
District Courts
1) Established by judiciary act of 1789
2) Federal trial Courts
3) Jury
4) One judge
5) Hear criminal and civil cases
6) Multiple
Court of Appeals
1) Established 1891
2) Hear cases on appeal from lower courts for Supreme Court
3) No jury
4) Panel of judges
5) 12 in the US
Court of Appeals for the Federal Circuit
1) Established 1982
2) Nationwide jurisdiction
Court of International Trade
Hear cases involving tariff and other trade related laws
Structure of Supreme Court
1) Chief Justice
2) 8 Associate Justices
Function of Supreme Court
1) Judicial Review
a)The right of the court to determine the constitutionality of law
2) How cases reach Supreme Court
a) Writ of Certiori
b) Certificate
° Lower court asks Supreme Court to answer a specific legal question
Workings of the Court
1) 1st Monday, Oct.-July
2) Solicitor General
3) Brief
4) Oral arrangement
5) Conference
6) Opinion
Solicitor General
Lawyer that represents U.S. Government for Supreme Court
Opinion
1) Majority
2) Concurring
3) Dissenting
Special Courts
1) U.S. Federal Claims Court
2) Territorial Courts
3) Courts for the D.C.
U.S. Federal Claims Court
Hear cases involving claims for damages against U.S. Go.
Territorial Courts
Local courts in the territories
